Following the 1994 elections, South Africa was governed under an interim constitution. This constitution required the Constituent Assembly (CA) to draft and approve a permanent constitution by 9 May 1996.

The constitution's bill of rights provides extensive guarantees, including equality before the law and prohibitions against discrimination; the right to life, privacy, property, and freedom and security of the person; prohibition against slavery and forced labour; and freedom of speech, religion, assembly, and association. The legal rights of criminal suspects also are enumerated. It also includes wide guarantees of access of food, water, education, health care, and social security. The constitution provides for an independent and impartial judiciary, and, in practice, these provisions are respected.

Citizens' entitlements to a safe environment, housing, education, and health care are included in the bill of rights, and are known as secondary constitutional rights. In 2003 the constitutional secondary rights were used by the HIV/AIDS activist group the Treatment Action Campaign as a means of forcing the government to change its health policy.

Violent crime, including violence against women and children, and organised criminal activity are at high levels and are a grave concern. Partly as a result, vigilante action and mob justice sometimes occur.

Some members of the police commit abuses, and deaths in police custody as a result of excessive force remain a problem. In April 1997, the government established an Independent Complaints Directorate to investigate deaths in police custody and deaths resulting from police action.

Some discrimination against women continues, and discrimination against those living with HIV/AIDS is becoming serious.

Many leaders of former bantustans or homelands have had a role in South African politics since their abolition.

Mangosuthu Buthelezi was chief minister of his Kwa-Zulu homeland from 1976 until 1994. In post-apartheid South Africa he has served as President of the Inkatha Freedom Party. He was a Minister in President Mandela's cabinet. He also acted as President of the country when President Nelson Mandela was out of the country.